Silvas v. Mendoza et al

Filing 13

ORDER entered: Silvas has now filed a Motion Requesting Dismissal, (Docket Entry No. 12), asking again for the court to dismiss this action. This action was dismissed on December 22, 2022, and no fundsare being withdrawn from Silvas's inmate trust fund account for this action. Silvas's motion requesting dismissal, (Docket Entry No. 12), is denied as moot.(Signed by Judge Lee H Rosenthal) Parties notified.(leddins, 4)

Case 4:22-cv-03576 Document 13 Filed on 05/18/23 in TXSD Page 1 of 2
United States District Court
Southern District of Texas

ENTERED
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
JULIAN G. SILVAS,
Plaintiff,
vs.
OSCAR MENDOZA, et al.,
Defendants.

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May 18, 2023
Nathan Ochsner, Clerk

CIVIL ACTION NO. H-22-3576

ORDER ON MOTION REQUESTING DISMISSAL
The plaintiff, Julian G. Silvas (TDCJ # 2390812), filed an action under 42 U.S.C. § 1983
against numerous TDCJ officials, alleging that they have violated and are violating his civil rights
in numerous ways. (Docket Entry No. 1). The court notified Silvas that he must either pay the
$402.00 filing fee for a civil rights action or file a properly supported motion to proceed without
prepaying the filing fee. (Docket Entry No. 3). Silvas did neither, and the court dismissed this
action for want of prosecution. (Docket Entry No. 6). Silvas then filed a “Notice of Voluntary
Dismissal,” (Docket Entry No. 8), which the court treated the notice as a motion for voluntary
dismissal under Federal Rule of Civil Procedure 41(a)(2) and denied as moot. (Docket Entry No.
9). The court also advised Silvas that no funds are being withdrawn from his inmate trust fund
account for this action. (Id.). Silvas filed a second Motion to Voluntarily Dismiss this action,
(Docket Entry No. 10), which the court denied as moot. (Docket Entry No. 11).
Silvas has now filed a “Motion Requesting Dismissal, (Docket Entry No. 12), asking again
for the court to dismiss this action. This action was dismissed on December 22, 2022, and no funds

Case 4:22-cv-03576 Document 13 Filed on 05/18/23 in TXSD Page 2 of 2

are being withdrawn from Silvas’s inmate trust fund account for this action. Silvas’s motion
requesting dismissal, (Docket Entry No. 12), is denied as moot.
SIGNED on May 18, 2023, at Houston, Texas.

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Lee H. Rosenthal
United States District Judge

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